Law on Intellectual Property 2005

7/31/2019 Law on Intellectual Property 2005

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NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No. 50-2005-QH11

LAW

ONINTELLECTUAL PROPERTY

National Assembly of the Socialist Republic of Vietnam

Legislature XI, Session 8

(From 18 October until 29 November 2005)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001-

QH10 passed by Legislature X of the National Assembly at its 10th Session on 25 December 2001;

This Law regulates intellectual property.

PART I

General Provisions

Article 1 Governing scope

This Law regulates copyright, copyright related rights, industrial property rights and rights to plant varieties;

and the protection of such rights.

Article 2 Applicable entities

This Law shall apply to Vietnamese organizations and individuals and to foreign organizations and individuals

who satisfy the conditions stipulated in this Law and in any international treaty of which the Socialist Republic

of Vietnam is a member.

Article 3 Subject matter of intellectual property rights

1. The subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of

copyright related rights shall comprise performances, audio and visual fixation1, broadcasts and

satellite signals carrying coded programmes2.

1 Note: The literal translation is "audio and visual tapes and disks" but the internationally accepted term "audio and visual

fixation" is used throughout. See for example the Rome Convention for the Protection of Performers, Producers of Phonograms

and Broadcasting Organizations.2

Note: This is the literal translation and is used throughout. The Brussels Convention 174 Relating to Signals Transmitted bySatellite uses the term "programme-carrying signals transmitted by satellite".

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WINCO - Address: 343 Doi Can Street, Tel: 84-4 3 7628119 * 84-4 3 7628185 E-mail: [email protected]

Badinh District, Hanoi, Vietnam Fax: 84-4 3 7628120 * 84-4 3 7628526 Website: www.wincolaw.com

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2. The subject matter of industrial property rights shall comprise inventions, industrial designs, designs of

semi-conducting closed circuits, trade secrets3, marks4, trade names5 and geographical indications.

3. The subject matter of rights to plant varieties shall comprise plant varieties and reproductive materials.

Article 4 Interpretation of terms

In this Law, the following terms shall be construed as follows:

1. Intellectual property rights means rights of an organization or individual to intellectual assets comprising

copyright and copyright related rights, industrial property rights and rights to plant varieties.

2. Copyrightmeans rights of an organization or individual to works which such organization or individual

created or owns.

3. Copyright related rights (hereinafter referred to as related rights) means rights of an organization or

individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying

coded programmes.

4. Industrial property rights means rights of an organization or individual to inventions, industrial designs,

designs of semi-conducting closed circuits, trade secrets, marks, trade names and geographical

indications which such organization or individual created or owns, and the right to prevent unfair

competition.

5. Rights to plant varieties means rights of an organization or individual to new plant varieties which such

organization or individual has selected and created, discovered and developed, or which they own.

6. Intellectual property right holdermeans an owner of intellectual property rights or an organization or

individual to whom intellectual property rights are assigned by the owner.

7. Workmeans a creation of the mind in the literary, artistic or scientific sector, expressed in any mode or

form.

8. Derivative work means a work translated from one language into another; or an adapted, modified,

transformed, compiled, annotated or selected work.

9. Published work, audio and visual fixation means a work or audio and visual fixation which has been

published with the permission of the copyright holder or related right holder in order to distribute it to

the public in a reasonable amount of copies.

10. Reproduction means the making of one or more copies of a work, audio and visual fixation bywhatever mode or in whatever form, including permanent or provisional backup of the work in

electronic form.

11. Broadcasting means the transmission of sound or image or both sound and image of a work,

performance, audio and visual fixation or broadcast to the public by wireless or landline means

3 Note: Alternative translation is "business secrets" but "trade secret(s)" is used throughout.4

Note: Alternative translations are "trademarks" and in some contexts "labels", but the internationally accepted term "marks"

is used throughout as this term is used in the Trademark Law Treaty to include both trademarks (i.e. marks relating to goods) and

service marks (i.e. marks relating to services)".5

Note: Alternative translation is "commercial names", but the internationally accepted term "trade name(s)" is usedthroughout.

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including satellite transmission, in such a way that the public may access such work from any place

and time the public selects.

12. Invention means a technical solution in the form of a product or process which is intended to solve a

problem by application of natural laws.

13. Industrial design means the outward appearance of a product embodied in three dimensional

configuration, lines, colours or a combination of such elements.

14. Semiconductor integrated circuit means a product in its intermediate or final form in which the

elements, at least one of which is an active element, and some or all of the interconnections, are

integrally formed in or on a piece of semiconductor material and which is intended to perform an

electronic function. Integrated circuit is synonymous with IC, chip and micro-electronic circuit.

15. Design of semi-conducting closed circuits (hereinafter referred to as layout design) means a three

dimensional disposition of circuit elements and their interconnections in a semi-conducting closed

circuit.

16. Markmeans any sign used to distinguish goods or services of different organizations or individuals.

17. Collective markmeans a mark used to distinguish goods or services of members of an organization

which is the owner of such mark from marks of non-members of such organization.

18. Certification markmeans a mark which is authorized by its owner to be used by another organization

or individual on the latter's goods or services in order to certify the origin, raw materials, materials,

mode of manufacture of goods or manner of provision of services, and the quality, accuracy, safety or

other characteristic of goods or services bearing such mark.

19. Integrated marks means identical or similar marks registered by the same entity and intended for use

on products or services which are of the same, similar or interrelated type.

20. Well known markmeans a mark widely known by consumers throughout the territory of Vietnam.

21. Trade name means the designation of an organization or individual used in business activities in order

to distinguish the business entity bearing such trade name from other business entities in the same

business sector and area.

Business area as stipulated in this clause means the geographical area in which a business entity has

its partners, customers or reputation.

22. Geographical indication means the sign used to identify a product as originating from a specific region,locality, territory or country.

23. Trade secretmeans information obtained from activities of financial or intellectual investment, which

has not yet been disclosed and which is able to be used in business.

24. Plant varietymeans a plant grouping within a single botanical taxon of the lowest known rank, which is

morphologically uniform and suitable for being propagated unchanged, and can be defined by the

expression of phenotypes resulting from a genotype or a combination of given genotypes, and

distinguished from any other plant grouping by the expression of at least one inheritable phenotype.

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25. Protection title means a document granted by the competent State body to an organization or

individual in order to establish industrial property rights to an invention, industrial design, layout design,

mark or geographical indication; or in order to establish rights to a plant variety.

Article 5 Application of laws

1. The provisions of the Civil Code shall apply to intellectual property related civil matters which are not

regulated by this Law.

2. Where there are any differences between the provisions on intellectual property in this Law and the

provisions in other laws, the provisions in this Law shall apply.

3. Where an international treaty of which the Socialist Republic of Vietnam is a member contains

provisions different from those in this Law, such international treaty shall apply.

Article 6 Grounds for the generation and establishment of intellectual property rights

1. Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective

of its content, quality, form, mode and language and irrespective of whether or not such work has been

published or registered.

2. Related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite

signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.

3. Industrial property rights shall be established as follows:

(a) Industrial property rights to an invention, industrial design, layout design, mark or geographical

indication shall be established on the basis of a decision of the competent State body to grant a

protection title in accordance with the registration procedures stipulated in this Law or the

recognition of international registration pursuant to an international treaty of which the SocialistRepublic of Vietnam is a member. In the case of a well known mark, industrial property rights

shall be established on the basis of use and shall not be dependent on registration procedures;

(b) Industrial property rights to a trade name shall be established on the basis of lawful use thereof;

(c) Industrial property rights to a trade secret shall be established on the basis of lawful acquirement

of the trade secret and maintaining confidentiality thereof;

(d) The right to prevent unfair competition shall be established on the basis of competitive activities

in business.

4. Rights to a plant variety shall be established on the basis of a decision of the competent State body to

grant a plant variety protection title in accordance with the registration procedures stipulated in this

Law.

Article 7 Limitations on intellectual property rights

1. Intellectual property right holders shall only be permitted to exercise their rights within the scope and

term of protection provided for in this Law.

2. The exercise of intellectual property rights must not infringe the interests of the State, the public

interest or the legitimate rights and interests of other organizations and individuals, and must not

breach other relevant provisions of law.

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3. In order to assure objectives of national defence and security, the people's livelihood and other

interests of the State and society stipulated in this Law, the State may prohibit or restrict the exercise of

intellectual property rights by the holders thereof or may compel such holders to license one or more of

their rights to other organizations or individuals on appropriate terms.

Article 8 Policiesof the State on intellectual property1. To recognize and protect intellectual property rights of organizations and individuals on the basis of

harmonizing the interests of intellectual property right holders and the public interest; not to protect

intellectual property objects which are contrary to social ethics and public order or which harm national

defence and security.

2. To encourage and promote activities of creation and utilization of intellectual assets aimed at

contributing to socio-economic development and improving the people's material and spiritual life.

3. To provide financial support for the receipt and use of transferred intellectual property rights servicing

the public interest; to encourage Vietnamese and foreign organizations and individuals to provide

financial aid for creative activities and for the protection of intellectual property rights.

4. To prioritize investment in training and fostering senior officials, public servants and other relevant

subjects engaged in the work of protecting intellectual property rights and to prioritize research into and

application of science and techniques for the protection of intellectual property rights.

Article 9 Right and responsibility of organizations and individuals in the protection of intellectual property

rights

Organizations and individuals shall have the right to themselves take measures permitted by law to protect

their intellectual property rights, and shall be obliged to respect the intellectual property rights of other

organizations and individuals in accordance with the provisions of this Law and other relevant laws.

Article 10 Contents of State administration of intellectual property

1. Formulating and directing the implementation of strategies and policies on protection of intellectual

property rights.

2. Promulgating and organizing the implementation of legal instruments on intellectual property.

3. Organizing an administrative apparatus for intellectual property; training and fostering staff to

administer intellectual property.

4. Granting and carrying out other procedures related to registered copyright certificates, registered

related rights certificates, protection titles for industrial property objects and plant variety protection

titles.

5. Inspecting and examining compliance with the law on intellectual property; settling complaints and

denunciations, and dealing with breaches of the law on intellectual property.

6. Organizing information and statistics on intellectual property.

7. Organizing and administering intellectual property assessment activities.

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8. Educating, and communicating and disseminating knowledge about intellectual property and the law on

intellectual property.

9. Conducting international co-operation on intellectual property.

Article 11 Responsibility for State administration of intellectual property

1. The Government shall exercise uniform State administration of intellectual property.

2. The Ministry of Science and Technology shall be responsible before the Government to preside over

co-operation with the Ministry of Culture and Information and the Ministry of Agriculture and Rural

Development to carry out State administration of intellectual property andof industrial property rights.

The Ministry of Culture and Information shall, within the scope of its duties and powers, carry out State

administration of copyright and related rights.

The Ministry of Agriculture and Rural Development shall, within the scope of its duties and powers,

carry out State administration ofrights to plant varieties.

3. Ministries and ministerial equivalent bodies shall, within the scope of their respective duties and

powers, co-ordinate with the Ministry of Science and Technology, the Ministry of Culture and

Information and the Ministry of Agriculture and Rural Development to carry out State administration of

industrial property.

4. People's committees at all levels shall, within the scope of their authority, carry out State administration

of industrial property within their respective localities.

5. The Government shall provide specific regulations on the powers and responsibilities for State

administration of industrial property of the Ministry of Science and Technology, the Ministry of Culture

and Information, the Ministry of Agriculture and Rural Development Science and of people'scommittees at all levels.

Article 12 intellectual property fees and charges

Organizations and individuals shall be required to pay fees and charges when carrying out procedures related

to intellectual property rights in accordance with the provisions of this Law and other related laws.

PART II

Copyright and Related Rights

CHAPTER I

Conditions for Protection of Copyright and Related Rights

SECTION 1

Conditions for Protection of Copyright

Article 13 Authors and copyright holders with works which are protected by copyright

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1. Organizations and individuals with works which are protected by copyright comprise persons who

directly create such works and copyright holders stipulated in articles 37 to 42 inclusive of this Law.

2. Authors and copyright holders stipulated in clause 1 of this article shall comprise Vietnamese

organizations and individuals; foreign organizations and individuals with works published for the first

time in Vietnam and not yet published in any other country, or with works also published in Vietnam

within thirty days after publication for the first time in another country; and foreign organizations and

individuals with works which are protected in Vietnam pursuant to an international treaty on copyright of

which the Socialist Republic of Vietnam is a member.

Article 14 Types of works which are protected by copyright

1. Literary, artistic and scientific workswhich are protected by copyright comprise:

(a) Literary works, scientific works, textbooks, teaching courses and other works expressed in

written language or other characters;

(b) Lectures, addresses and other speeches;

(c) Press works;

(d) Musical works;

(dd) Stage works;

(e) Cinematographic works and works created by a process analogous to cinematography

(hereinafter all referred to as cinematographic works);

(g) Plastic art works and applied art works;

(h) Photographic works;

(i) Architectural works;

(k) Sketches, plans, maps and drawings related to topography or scientific works;

(l) Folklore and folk art works;

(m) Computer programs and data collections.

2. Derivative works shall only be protected pursuant to the provisions of clause 1 of this article if such

protection is not prejudicial to the copyright in the works used to create such derivative works.

3. Protected works as stipulated in clauses 1 and 2 of this article must be created personally by authors

through their intellectual labour and without copying the works of others.

4. The Government shall provide detailed guidelines on the types of works stipulated in clause 1 of this

article.

Article 15 Subject matter outside the category of copyright protection

1. News of the day as mere items of information.

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2. Legal instruments, administrative and other documents in the judicial domain, and official translations

of such documents.

3. Processes, systems, operational methods, concepts, principles and data.

SECTION 2

Conditions for Protection of Related Rights

Article 16 Organizations and individuals eligible for protection of related rights

1. Actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and

artistic works (hereinafter all referred to asperformers).

2. Organizations and individuals who own performances defined in clause 1 of article 44 of this Law.

3. Organizations and individuals who fix for the first time the sounds and images of performances or other

sounds and images (hereinafter all referred to asproducers of audio and visual fixation).

4. Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting

organizations).

Article 17 Subject matter of related rights eligible for protection

1. Performances shall be protected if they fall into one of the following categories:

(a) They are made by Vietnamese citizens in Vietnam or abroad;

(b) They are made by foreigners in Vietnam;

(c) They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30

of this Law;

(d) They have not yet been fixed on audio and visual fixation but have already been broadcast and

are protected pursuant to the provisions of article 31 of this Law;

(dd) They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam

is a member.

2. Audio and visual fixation shall be protected if it falls into one of the following categories:

(a) It belongs to audio and visual fixation producers bearing Vietnamese nationality;

(b) It belongs to audio and visual fixation producers protected pursuant to an international treaty of

which the Socialist Republic of Vietnam is a member.

3. Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of

the following categories:

(a) They belong to broadcasting organizations bearing Vietnamese nationality;

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(b) They belong to broadcasting organizations protected pursuant to an international treaty of which

the Socialist Republic of Vietnam is a member.

4. Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes

shall only be protected pursuant to the provisions of clauses 1, 2 and 3 of this article on the condition

that they are not prejudicial to copyright.

CHAPTER II

Contents of, Limitations on and Term of Protection of Copyright and Related

Rights

Section 1

Contents of, Limitations on and Term of Protection of Copyright

Article 18 Copyright

Copyright in works regulated in this Law shall comprise moral rights and economic rights 6.

Article 19 Moral rights

Moral rights [of authors] shall comprise the following rights:

1. To give titles to their works.

2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms

acknowledged when their works are published or used.

3. To publish their works or to authorize other persons to publish their works.

4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in

whatever form, causing harm to the honour and reputation of the author.

Article 20 Economic rights

1. Economic rights [of authors] shall comprise the following rights:

(a) To make derivative works;

(b) To display their works to the public;

(c) To reproduce their works;

(d) To distribute or import the original or copies of their works;

(dd) To communicate their works to the public by wireless or landline means, electronic information

networks or other technical means;

6

Note: The literal translation is "personal rights and property rights" but the internationally accepted terminology "moral rightsand economic rights" is used throughout.

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(e) To lease the original or copies of cinematographic works and computer programs.

2. Authors or copyright holders shall exclusively exercise the rights stipulated in clause 1 of this article or

may grant other persons the right to exercise such rights pursuant to the provisions of this Law.

3. When any organization or individual exercises one, several or all of the rights stipulated in clause 1 of

this article and in article 19.3 of this Law, such organization or individual must ask for permission from

the copyright holder and must pay royalties, remuneration or other material benefits to the copyright

holder.

Article 21 Copyright in cinematographic works and dramatic works

1. Persons who act as directors; screenwriters; cameramen; montage makers; music composers; art

designers; studio sound, lighting and art designers; studio props and technical effects designers, and

persons engaged in other creative jobs in making cinematographic works shall have the rights

stipulated in clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

Persons who act as directors, playwrights, choreographers, music composers, art designers, stage

sound designers, lighting and art stage designers, stage props and technical effects designers, and

persons engaged in other creative jobs in making stage works shall have the rights stipulated in

clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

2. Organizations and individuals who invest finance or material and technical facilities in the production of

cinematographic works and stage works shall be holders of the rights stipulated in article 19.3 and

article 20 of this Law.

3. The organizations and individuals stipulated in clause 2 of this article shall be obliged to pay royalties,

remuneration or other material benefits as agreed with the persons stipulated in clause 1 of this article.

Article 22 Copyright in computer programs and data collections

1. Computer program means a set of instructions expressed in the form of commands, codes, diagrams

and other forms which, when incorporated in a device readable by a computer, are capable of enabling

such computer to perform a job or achieve a specific result.

Computer programs shall be protected the same as literary works, irrespective of whether the computer

programs are expressed in the form of source codes or machine codes.

2. Data collection means a set of data selected or arranged in a creative way and expressed in electronic

or other forms.

Copyright protection of data collections shall not extend to protection of the data itself, and must not be

prejudicial to copyright in the data itself.

Article 23 Copyright in folklore and folk art works

1. Folklore and folk art work means a collective creation based on the traditions of a community or

individuals reflecting the ambitions of such community and expressed in a form appropriate to the

cultural and social characteristics, standards and values of such community which have been handed

down by imitation or other modes. Folklore and folk art works shall comprise:

(a) Folk tales, lyrics and riddles;

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(b) Folk songs and melodies;

(c) Folk dances, plays, rites and games;

(d) Folk art products including graphics, paintings, sculpture, musical instruments, architectural

models and other artistic expressions in any material form.

2. Organizations and individuals using folklore and folk art works must cite the origins of the folklore and

folk art works, and must ensure that the authentic value of such folklore and folk art works is preserved.

Article 24 Copyright in literary, artistic and scientific works

The Government shall issue specific regulations governing the protection of copyright in the literary, artistic

and scientific works stipulated in article 14.1 of this Law.

Article 25 Cases when published works may be used without having to seek permission or pay royalties or

remuneration

1. Published works may be used without having to seek permission or pay royalties or remuneration in the

following cases:

(a) Making one copy of the work of an author for scientific research or teaching purposes;

(b) Reasonable quoting from a work in order to comment on or illustrate one's own works, without

misrepresenting the author's views;

(c) Quoting from a work in order to write an article published in a newspaper or periodical, in a radio

or television broadcast or in a documentary, without misrepresenting the author's views;

(d) Quoting from a work in school or university for lecturing purposes without misrepresenting theauthor's views and not for commercial purposes;

(dd) Copying of a work by a library for archival and research purposes;

(e) Performing a stage work or other art work in mass cultural, communication or mobilization

activities without collecting fees in any form;

(g) Audio-visual recording of a performance in order to report current events or for teaching

purposes;

(h) Photographing or televising plastic art; or an architectural, photographic, or applied art workdisplayed at a public place in order to present images of such work;

(i) Transcribing a work into braille or into characters of other languages for the blind;

(k) Importing copies of another's work for personal use.

2. Organizations and individuals who use the works stipulated in clause 1 of this article must neither affect

the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and

must provide information being the author's name and the source and origin of the work.

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3. The use of works in the cases stipulated in clause 1 of this article shall not apply to architectural works,

plastic works and computer programs7.

Article 26 Cases when published works may be used without having to seek permission but royalties or

remuneration must be paid

1. A broadcasting organization which uses a published work to make a broadcast which is sponsored,

contains an advertisement or which collects fees in any form shall not be required to seek permission

but must pay royalties or remuneration to the copyright holder in accordance with regulations of the

Government.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the

normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must

provide information being the author's name and the source and origin of the work.

3. The use of works in the cases stipulated in clause 1 of this article shall not apply to cinematographic

works.

Article 27 Term of copyright protection

1. The moral rights stipulated in clauses 1, 2 and 4 of article 19 of this Law shall be protected for an

indefinite term.

2. The moral rights stipulated in article 19.3 and the economic rights stipulated in article 20 of this Law

shall enjoy the following terms of protection:

(a) Cinematographic works, photographic works, stage works, applied art works and anonymous

works shall have a term of protection of fifty (50) years as from the date of first publication. If a

cinematographic work or stage work has not been published within fifty (50) years from the date

of its formulation, the term of protection shall be calculated from the date of its formulation.When information on the author of an anonymous work appears, the term of protection of such

work shall be calculated pursuant to sub-clause (b) below;

(b) Any work not stipulated in sub-clause (a) above shall be protected for the whole life of the author

and for fifty (50) years after his or her death. In the case of a work of joint authors, the term of

protection shall expire in the fiftieth year after the death of the last surviving co-author;

(c) The term of protection stipulated in sub-clauses (a) and (b) of this clause shall expire at 24:00

hours on 31 December of the year of expiration of the copyright protection term.

Article 28 Conduct constituting infringement of copyright

1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission from the author.

4. Publishing or distributing a work of joint authors without permission from the co-authors.

7 Note: This is the literal translation, although clause 1(h) does include architectural works.

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5. Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the

author.

6. Copying a work without permission from the author or copyright holder, except in the cases stipulated

in sub-clauses (a) and (dd) of article 25.1 of this Law.

7. Making a derivative work without permission from the author or copyright holder of the work used for

making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

8. Using a work without permission from the copyright holder and without paying royalties, remuneration

or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this

Law.

9. Leasing out a work without paying royalties, remuneration or other material benefits to the author or

copyright holder.

10. Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a

communications network or digital means without permission from the copyright holder.

11. Publishing a work without permission from the copyright holder.

12. Deliberately destroying or de-activating the technical solutions applied by the copyright holder to

protect copyright in his or her work.

13. Deliberately deleting or modifying electronic information in a work regarding management of the rights

to such work.

14. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out

equipment when knowing, or having grounds to know, that such equipment may de-activate technical

solutions applied by the copyright holder to protect copyright in his or her work.

15. Making and selling a work with a forged signature of the author of such work.

16. Importing, exporting or distributing copies of a work without permission from the copyright holder.

SECTION 2

Contents of, Limitations on and Term of Protection of Related Rights

Article 29 Rights of performers

1. Performers who are also the investors shall have the moral rights and economic rights to their

performances. Where performers are not also the investors, the performers shall have the moral rights

and the investors shall have the economic rights to performances.

2. Moral rights shall comprise the following rights:

(a) To have the name acknowledged when performing, when distributing audio and visual fixation or

when broadcasting performances;

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(b) To protect the integrity of the imagery of the performance, and to prevent others from modifying,

editing or distorting the work in any way prejudicial to the honour and reputation of the

performer.

3. Economic rights shall include the exclusive right to exercise or to authorize others to exercise the

following rights:

(a) To formulate a live performance on audio and visual fixation;

(b) To directly or indirectly reproduce a performance which has been formulated on audio and visual

fixation;

(c) To broadcast or to communicate to the public in other ways an unformulated performance so

that it may be accessed by the public, except where such performance is intended to be

broadcast;

(d) To distribute to the public an original performance and copies thereof by sale, rental or

distribution by whatever technical means which are accessible by the public.

4. Any organization or individual who exploits or uses the rights stipulated in clause 3 of this article must

pay remuneration to the performer in accordance with law or pursuant to an agreement if there is no

relevant provision of law.

Article 30 Rights of producers of audio and visual fixation

1. Producers of audio and visual fixation shall have the exclusive right to exercise, or to authorize others

to exercise, the following rights:

(a) To directly or indirectly copy their audio and visual fixation;

(b) To distribute to the public their original audio and visual fixation and copies thereof by sale, rent

or distribution by whatever technical means which are accessible by the public.

2. Producers of audio and visual fixation shall be entitled to material benefits when such recording is

distributed to the public.

Article 31 Rights of broadcasting organizations

1. Broadcasting organizations shall have the exclusive right to exercise, or to authorize others to exercise,

the following rights:

(a) To broadcast or re-broadcast their broadcasts;

(b) To distribute their broadcasts to the public;

(c) To formulate [into a fixed form] their broadcasts;

(d) To reproduce formulated broadcasts.

2. Broadcasting organizations shall be entitled to material benefits when their broadcasts are recorded

and distributed to the public.

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Article 32 Cases when related rights may be exercised without having to seek permission or pay royalties

or remuneration

1. Related rights may be exercised without having to seek permission or pay royalties or remuneration in

the following cases:

(a) Making one copy of a work for personal scientific research purposes;

(b) Making one copy of a work for teaching purposes, except for performances, audio and visual

fixation or broadcasts which have been published for teaching purposes;

(c) Reasonable quoting from a work in order to provide information;

(d) Making of provisional copies of a work by a broadcasting organization for broadcasting purposes

when such organization has the broadcasting right.


normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights

ofperformers, producers of audio and visual fixation, or broadcasting organizations.

Article 33 Cases when related rights may be exercised without having to seek permission but when

royalties or remuneration must be paid

1. Organizations and individuals who exercise related rights in the following cases shall not be required

to seek permission but must pay agreed royalties or remuneration to performers, producers of audio

and visual fixation, or to broadcasting organizations:

(a) They directly or indirectly use published audio and visual fixation for commercial purposes in

making broadcastswhich are sponsored, contain advertisements or which collect fees in any

form;

(b) They use published audio and visual fixation in business or commercial activities.


normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights

ofperformers, producers of audio and visual fixation or broadcasting organizations.

Article 34 Term of protection of related rights

1. The rights of performers shall be protected for fifty (50) years calculated from the year following the

year of formulation [into a fixed form] of a performance.

2. The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from

the year following the year of publication, or fifty (50) years calculated from the year following the year

of formulation of any unpublished audio and visual fixation.

3. The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year

following the year of the making of a broadcast.

4. The terms of protection stipulated in clauses 1, 2 and 3 of this article shall expire at 24:00 hrs on 31

December of the year of expiration of the term of protection of the related rights.

Article 35 Conduct constituting infringement of related rights

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1. Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting

organization.

2. Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.

3. Publishing, producing and distributing a formulated performance, audio and visual fixation or a

broadcast without permission from the performer, producer of the audio and visual fixation or from the

broadcasting organization.

4. Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of

the performer.

5. Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without

permission from the performer, producer of the audio and visual fixation or from the broadcasting

organization.

6. Deliberately deleting or modifying electronic information regarding management of rights without

permission from the related right holder.

7. Deliberately destroying or de-activating the technical solutions applied by the related right holder to

protect his or her rights.

8. Publishing, distributing or importing for public distribution performances, copies of a fixed performance

or audio and visual fixation knowing, or having grounds to know, that electronic information regarding

management of rights has been deleted or modified without permission from the related right holder.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out

equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite

signals carrying coded programmes.

10. Deliberately receiving or relaying satellite signals carrying coded programmes without permission from

the legal distributor.

CHAPTER III

Copyright Holders, and Related Rights Holders

Article 36 Copyright holders

Copyright holdermeans an organization or individual who holds one, several or all of the economic rights

stipulated in article 20 of this Law.

Article 37 Copyright holders being authors

Authors who use their own time, finance and material or technical facilities to create works shall have the

moral rights stipulated in article 19 and the economic rights stipulated in article 20 of this Law.

Article 38 Copyright holders being co-authors

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1. Co-authors who use their time, finance and material or technical facilities to jointly create works shall

share the rights to such works stipulated in articles 19 and 20 of this Law.

2. A co-author as defined in clause 1 of this article who has jointly created a work, a separate part of

which is detachable for independent use without prejudice to the parts of the work of the other co-

authors, shall have the rights to such separate part stipulated in articles 19 and 20 of this Law.

Article 39 Copyright holders being organizations and individuals who assign tasks to authors or who enter

into contracts with authors

1. Any organization which assigns the task of creating a work to an author who belongs to such

organization shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless

otherwise agreed.

2. Any organization or individual who enters into a contract with an author for the creation of a work shall

be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

Article 40 Copyright holders being heirs

Any organization or individual who inherits copyright in accordance with the law on inheritance shall be the

holder of the rights stipulated in articles 19.3 and 20 of this Law.

Article 41 Copyright holders being assignees of rights

Any organization or individual who is contractually assigned one, several or all of the rights stipulated in

articles 19.3 and 20 of this Law shall be the copyright holder.

Article 42 Copyright holders being the State

1. The State shall be the holder of copyright in the following works:

(a) Anonymous works;

(b) Works for which the term of protection has not expired but the copyright holder died without

leaving an heir or the heir renounced the inheritance or was deprived of the right to inherit;

(c) Works for which the ownership right was assigned to the State by the copyright holder.

2. The Government shall issue detailed regulations governing the use of works under State ownership.

Article 43 Works belonging to the public

1. Any work whose term of protection has expired pursuant to article 27 of this Law shall belong to the

public.

2. All organizations and individuals shall be entitled to use the works stipulated in clause 1 of this article

but must respect the moral rights of authors stipulated in article 19 of this Law.

3. The Government shall issue detailed regulations governing the use of works belonging to the public.

Article 44 Related right holders

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1. Organizations and individuals who use their time and make a financial investment in or use their

material and technical facilities to give a performance shall be the owners of such performance unless

otherwise agreed with the parties concerned.

2. Organizations and individuals who use their time and make a financial investment in or use their

material and technical facilities to produce audio and visual fixation shall be the owners of such audio

and visual fixation unless otherwise agreed with the parties concerned.

3. Broadcasting organizations shall be the owners of their broadcasts unless otherwise agreed with the

parties concerned.

CHAPTER IV

Transfer of Copyright and Related Rights

SECTION 1

Assignment of Copyright and Related Rights

Article 45 General provisions on assignment of copyright and related rights

1. Assignment of copyright and related rights means the transfer by copyright holders or related right

holders of the ownership of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law to other

organizations and individuals pursuant to a contract or in accordance with a relevant provision of law.

2. Authors shall not be permitted to assign the moral rights stipulated in article 19 of this Law, except for

the right of publication. Performers shall not be permitted to assign the moral rights stipulated in article

29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the

assignment thereof must be agreed upon by all co-owners. In a case of joint ownership of a work,

performance, audio and visual fixation or broadcast which is composed of separate parts detachable

for independent use, copyright holders or related right holders may assign their copyright or related

rights in their separate parts to other organizations or individuals.

Article 46 Contracts for the assignment of copyright or related rights

1. A contract for the assignment of copyright or related rights must be made in writing and include the

following principal contents:

(a) Names and addresses of the assignor and the assignee;

(b) Grounds for the assignment;

(c) Price and method of payment;

(d) Rights and obligations of the parties;

(dd) Liability for contractual breach.

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2. The performance, amendment, termination or cancellation of a contract for the assignment of copyright

or related rights must comply with the provisions of the Civil Code.

SECTION 2

Licensing of Copyright and Related Rights

Article 47 General provisions on licensing of copyright and related rights

1. Licensing of copyright and related rights means the grant of permission by the copyright holder or

related right holder for another organization or individual to use for a definite term one, several or all of

the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law.

2. Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except for

the right of publication. Performers shall not be permitted to license the moral rights specified in article

29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the

licensing of copyright or related rights therein must be agreed upon by all co-owners. In a case of joint

ownership of a work, performance, audio and visual fixation or broadcast which is composed of

separate parts detachable for independent use, copyright holders or related right holders may license

their copyright or related rights in their separate parts to other organizations or individuals.

4. Any organization or individual to whom copyright or related rights are licensed shall be permitted to

license other organizations and individuals after obtaining permission from the copyright holder or

related right holder.

Article 48 Contracts for the licensing of copyright or related rights

1. A contract for the licensing of copyright or related rights must be made in writing and include thefollowing principal contents:

(a) Full names and addresses of the licensor and the licensee;

(b) Grounds for the licence;

(c) Scope of the licence;

(d) Price and method of payment;

(dd) Rights and obligations of the parties;

(e) Liability for contractual breach.

2. The performance, amendment, termination or cancellation of a contract for the licensing of copyright or

related rights must comply with the provisions of the Civil Code.

CHAPTER V

Certificates of Registered Copyright and Related Rights

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Article 49 Registration of copyright and related rights

1. Registration of copyright and related rights means the filing of an application with a file enclosed

(hereinafter referred to as application) by an author, copyright holder or related rights holder with the

competent State body in order to record information on the author, the work, the copyright holder and

the related rights holder.

2. The filing of an application for grant of a certificate of registered copyright or a certificate of registered

related rights shall not be a compulsory pre-requisite for entitlement to copyright or related rights in

accordance with the provisions of this Law.

3. Organizations and individuals who are granted certificates of registered copyright or certificates of

registered related rights shall not bear the burden of proving such copyright or related rights in a

dispute, unless contrary proof is tendered.

Article 50 Applications for registration of copyright or related rights

1. Authors, copyright holders and related rights holders may directly file, or may authorize other

organizations or individuals to file, applications for registration of copyright or related rights.

2. An application for registration of copyright or related rights shall comprise:

(a) A declaration for registration of copyright or related rights.

A declaration must be made in Vietnamese and signed by the author, copyright holder, related

rights holder or person authorized to file the application; and must include complete information

on the applicant, author, copyright holder or related rights holder; the summarized content of the

work, performance, audio and visual fixation or broadcast; the name of the author, and the title

of the work used to make the derivative work if the work to be registered is a derivative work; the

date, place and form of publication; and an undertaking accepting liability for the information setout in the application.

The Ministry of Culture and Information shall regulate the sample form of a declaration for

registration of copyright or related rights.

(b) Two copies of the work the subject of the application for copyright registration, or two copies of

the formulated object the subject of the application for related rights registration;

(c) A letter of authorization where the applicant is an authorized person;

(d) Documents proving the right to file the application where the applicant acquires such right byway of inheritance, succession or assignment;

(dd) Written consent of the co-authors in the case of a work under joint authorship;

(e) Written consent of the co-owners if the copyright or related rights are jointly owned.

3. The documents stipulated in sub-clauses (c), (d), (dd) and (e) of clause 2 of this article must be written

in Vietnamese. Documents in a foreign language must be translated into Vietnamese.

Article 51 Authority to grant registered copyright certificates and registered related rights certificates

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1. The State administrative body for copyright and related rights shall have the right to grant registered

copyright certificates and registered related rights certificates.

2. The State administrative body authorized to grant registered copyright certificates and registered

related rights certificates shall have the right to re-grant, renew or cancel such certificates.

3. The Government shall issue regulations governing the conditions, order and procedures for re-granting,

renewal or cancellation of registered copyright certificates and registered related rights certificates.

4. The Ministry of Culture and Information shall regulate the sample forms of registered copyright

certificates and registered related rights certificates.

Article 52 Time-limit for granting registered copyright certificates and registered related rights certificates

The State administrative body for copyright and related rights shall be responsible to grant a registered

copyright certificate or registered related rights certificate to the applicant, or shall notify the applicant in

writing in a case of refusal to grant a certificate, within a time-limit of fifteen (15) working days from the date of

receipt of a valid application.

Article 53 Validity of registered copyright certificates and registered related rights certificates

1. Registered copyright certificates and registered related rights certificates shall be valid throughout the

entire territory of Vietnam.

2. Any registered copyright certificate or registered related rights certificate which was granted by the

State administrative body for copyright and related rights before the effective date of this Law, shall

continue to be valid.

Article 54 Official recording and publication of registered copyright and registered related rights

1. Registered copyright certificates and registered related rights certificates shall be officially recorded in

the National Register of Copyright and Related Rights.

2. Decisions on the grant, re-grant, renewal and cancellation of effectiveness of registered copyright

certificates and registered related rights certificates shall be published in the Official Gazette on

copyright and related rights.

Article 55 Re-grant, renewal and cancellation of effectiveness of registered copyright certificates and

registered related rights certificates

1. Where a registered copyright certificate or registered related rights certificate is lost or damaged, orwhere the copyright holder or related rights holder is changed, the competent State body stipulated in

article 51.2 of this Law shall conduct procedures for the re-grant or renewal of such certificate.

2. Where the grantee of a registered copyright certificate or registered related rights certificate is not the

author, copyright holder or related rights holder; or where the registered work, audio and visual fixation

or broadcast is ineligible for protection, the competent State body stipulated in article 51.2 of this Law

shall cancel the effectiveness of such certificate.

3. Any organization or individual who discovers that the grant of a registered copyright certificate or

registered related rights certificate was contrary to law shall be entitled to request the State

administrative body for copyright and related rights to cancel the effectiveness of such certificate.

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CHAPTER VI

Representation, Consultancy and Services Regarding

Copyright and Related Rights

Article 56 Organizations acting as collective representatives of copyright or related rights

1. An organization acting as the collective representative of copyright or related rights means a non-profit

making organization established pursuant to an agreement between authors, copyright holders or

related right holders and operating pursuant to the law on protection of copyright and related rights.

2. An organization acting as the collective representative of copyright or related rights may conduct the

following activities pursuant to authorization from authors, copyright holders or related right holders:

(a) Manage copyright or related rights; conduct negotiations for licensing; and collect and distribute

royalties, remuneration and other material benefits from the permitted exercise of authorized

rights;

(b) Protect the legitimate rights and interests of its members; organize a conciliation if a dispute

arises.

3. An organization acting as the collective representative of copyright or related rights shall have the

following rights and duties:

(a) To encourage creative and other social activities;

(b) To co-operate with counterparts in international and national organizations on the protection of

copyright and related rights;

(c) To make periodic and one-off reports to competent State bodies on its collective representative

activities;

(d) Other rights and duties stipulated by law.

Article 57 Consultancy and service organizations regarding copyright and related rights

1. Consultancy and service organizations regarding copyright and related rights shall be permitted to be

established and operate in accordance with law.

2. A consultancy and service organizations regarding copyright and related rights may conduct the

following activities at the request of authors, copyright holders and related right holders:

(a) Provide consultancy on issues related to the law on copyright and related rights;

(b) Carry out, on behalf of and pursuant to authorization from copyright holders and related right

holders, procedures for filing applications for registration of copyright and related rights;

(c) Participate pursuant to authorization in other legal relationships on copyright, related rights and

protection of legitimate rights and interests of authors, copyright holders and related right

holders.

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PART III

Industrial Property Rights

CHAPTER VII

Conditions for Protection of Industrial Property Rights

SECTION 1

Conditions for Protection of Inventions

Article 58 General conditions for inventions to be eligible for protection

1. An invention shall be eligible for protection in the form of the grant of an invention patent when it

satisfies the following conditions:

(a) It is novel;

(b) It is of an inventive nature;

(c) It is susceptible of industrial application.

2. Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility

solution patent when it satisfies the following conditions:

(a) It is novel;

(b) It is susceptible of industrial application.

Article 59 Objects ineligible for protection as inventions

The following objects shall be ineligible for protection as inventions:

1. Scientific discoveries or theories, mathematical methods.

2. Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing

games and doing business; computer programs.

3. Presentations of information.

4. Solutions of aesthetic characteristics only.

5. Plant varieties, animal breeds.

7. Processes of plant or animal production which are principally of a biological nature, other than

microbiological processes.

8. Human and animal disease prevention methods, diagnostic and treatment methods.

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Article 60 Novelty of inventions

1. An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a

written description or any other form either inside or outside Vietnam before the filing date or the priority

date, as applicable, of the invention registration application.

2. An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of

persons who are obliged to keep it secret.

3. An invention shall not be deemed to have lost its novelty if it is published in the following cases,

provided that the invention registration application is filed within six (6) months from the date of

publication:

(a) It is published by another person without permission from the person having the right to register

it as defined in article 86 of this Law;

(b) It is published in the form of a scientific presentation by the person having the right to register it

as defined in article 86 of this Law;

(c) It is displayed at a national exhibition of Vietnam or at an official or officially recognized

international exhibition by the person having the right to register it as defined in article 86 of this

Law.

Article 61 Inventive nature of inventions

An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly

disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior

to the filing date or the priority date as applicable of the application for registration of the invention, the

invention constitutes inventive progress and cannot be easily created by a person with average knowledge in

the art.

Article 62 Inventions which are susceptible of industrial application

An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass

manufacture or production of products or repeated application of the process which is the subject matter of

the invention, and to achieve stable results.

SECTION 2

Conditions for Protection of Industrial Designs

Article 63 General conditions for industrial designs to be eligible for protection

1. An industrial design shall be eligible for protection when it satisfies the following conditions:

(a) It is novel;

(b) It is of a creative nature;

(c) It is susceptible of industrial application.

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Article 64 Objects ineligible for protection as industrial designs

The following items shall be ineligible for protection asindustrial designs:

1. Outward appearance of a product which is necessarily due to the technical features of the product.

2. Outward appearance of civil or industrial construction works.

3. Shape of a product which is invisible during the use of the product.

Article 65 Novelty of industrial designs

1. An industrial design shall be deemed to be new if it significantly differs from other industrial designs

which have been publicly disclosed by use or by means of written descriptions or in any other form

either inside or outside Vietnam prior to the filing date or the priority date, as applicable, of the

application for registration of the industrial design.

2. Two industrial designs shall not be deemed to be significantly different from each other if they are only

different in features of appearance which are not easily noticeable and memorable and which cannot

be used to distinguish such industrial designs overall.

3. An industrial design shall be deemed not yet publicly disclosed if it is known to only a limited number of

persons who are obliged to keep it secret.

4. An industrial design shall be deemed not to have lost its novelty if it is published in the following cases,

provided that the application for registration of the industrial design is filed within six (6) months from

the date of publication:

(a) It is published by another person without permission from the person having the right to register

it as defined in article 86 of this Law;

(b) It is published in the form of a scientific presentation by the person having the right to register it

as defined in article 86 of this Law;

(c) It is displayed at a national exhibition of Vietnam or at an official or officially recognized

international exhibition by the person having the right to register it as defined in article 86 of this

Law.

Article 66 Creativity of industrial designs

An industrial design shall be deemed to be creative if, based on industrial designs already publicly disclosedthrough use or by means of written descriptions or in any other form either inside or outside Vietnam before

the filing date or the priority date, as applicable, of the application for registration of the industrial design, the

industrial design cannot be easily created by a person with average knowledge in the art.

Article 67 Industrial designs which are susceptible of industrial application

An industrial design shall be deemed to be susceptible of industrial application if it can be used as a model for

mass manufacture of products with the outward appearance embodying such industrial design by industrial or

handicraft methods.

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SECTION 3

Conditions for Protection of Layout Designs

Article 68 General conditions for layout designs to be eligible for protection

A layout design shall be eligible for protection when it satisfies the following conditions:

1. It is original.

2. It is commercially novel.

Article 69 Objects ineligible for protection as layout designs

The following items shall be ineligible for protection aslayout designs:

1. Principles, processes, systems and methods operated by semiconductor integrated circuits.

2. Information or software contained in semiconductor integrated circuits.

Article 70 Originality of layout designs

1. A layout design shall be deemed to be original if it satisfies the following conditions:

(a) It is the result of its author's creative labour;

(b) It was not widely known among creators of layout designs or manufacturers of semi-conducting

closed circuits at the time of its creation.

2. A layout design which is a combination of elements and common interconnections shall be deemed tobe original only if such combination, taken overall, is original pursuant to the provisions of clause 1 of

this article.

Article 71 Commercial novelty of layout designs

1. A layout design shall be deemed to be commercially novel if it has not yet been commercially exploited

anywhere in the world prior to the filing date of the application for registration.

2. A layout design shall not be deemed to have lost its commercial novelty if the application for

registration of the layout design is filed within two years from the date it was commercially exploited for

the first time anywhere in the world by the person who has the right to register it as defined in article 86of this Law or by his or her licensee.

3. Commercial exploitation of a layout design as stipulated in clause 2 of this article means any act of

public distribution for commercial purposes of a semiconductor integrated circuit produced by

incorporation of such layout design, or of a commodity containing such semiconductor integrated

circuit.

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SECTION 4

Conditions for Protection of Marks

Article 72 General conditions for marks to be eligible for protection

A mark shall be eligible for protection when it satisfies the following conditions:

1. It is a visible sign in the form of letters, words, drawings or images including holograms, or a

combination thereof, represented in one or more colours.

2. It is capable of distinguishing goods or services of the mark owner from those of other subjects.

Article 73 Signs ineligible for protection as marks

The following signs shall be ineligible for protection asmarks:

1. Signs identical with or confusingly similar to national flags or national emblems.

2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or

full names of Vietnamese State bodies, political organizations, socio-political organizations, socio-

politico-professional organizations, social organizations or socio-professional organizations or with

international organizations, unless permitted by such bodies or organizations.

3. Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders,

national heroes or famous personalities of Vietnam or foreign countries.

4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of

international organizations which require that their signs must not be used, unless such seals are

registered as certification marks by such organizations.

5. Signs which cause misunderstanding or confusion or which deceive consumers as to the origin,

properties, use, quality, value or other characteristics of goods or services.

Article 74 Distinctiveness of marks

1. A mark shall be deemed to be distinctive if it consists of one or more easily noticeable and memorable

elements, or of many elements forming an easily noticeable and memorable combination, and does not

fall into the cases stipulated in clause 2 of this article.

2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories:

(a) Simple shapes and geometric figures, numerals, letters or scripts of uncommon languages,

except where such sign has been widely used and recognized as a mark;

(b) Conventional signs or symbols, pictures or common names in any language of goods or services

that have been widely and regularly used and known to many people;

(c) Signs indicating time, place and method of production; category, quantity, quality, properties,

ingredients, use, value or other characteristics descriptive of goods or services, except where

such sign has acquired distinctiveness by use before the filing of the application for registration

of the mark;

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WINCO - Address: 343 Doi Can Stree

Law on Intellectual Property 2005

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Transcript of Law on Intellectual Property 2005